B-126413, FEB. 16, 1956

B-126413: Feb 16, 1956

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YOU STATE THAT THE DEBT OF THE GOVERNMENT FOR THE MULES WAS ACKNOWLEDGED BY THE GOVERNMENT TO THE LATE SENATOR CLARK AND THAT AS THE DEBT WAS ACKNOWLEDGED IT DOES NOT COME UNDER THE SCOPE OF THE LAW WHICH WIPED OUT CIVIL WAR CLAIMS. ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT ARE FOR SETTLEMENT AND ADJUSTMENT IN THE GENERAL ACCOUNTING OFFICE. ALL CLAIMS ARISING FROM THE DESTRUCTION OR LOSS OF PROPERTY AND SUPPLIES DURING THE CIVIL WAR WERE BARRED UNDER THE ACTS OF JUNE 15. WHICH IS FILED AFTER THE DATES SPECIFIED. YOU ARE ADVISED THAT UNDER THE LAW THERE IS NO BASIS IN THE GENERAL ACCOUNTING OFFICE FOR THE RECOGNITION OF THE CLAIM REFERRED TO.

B-126413, FEB. 16, 1956

TO MISS MARY BENDELARI:

YOUR LETTER DATED DECEMBER 11, 1955, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, HAS BEEN REFERRED TO US FOR REPLY. YOUR INQUIRY CONCERNS THE MATTER OF SOME MULES ALLEGEDLY COMMANDEERED FROM A MAJOR GENERAL GUYMEGGS DURING THE CIVIL WAR.

YOU STATE THAT THE DEBT OF THE GOVERNMENT FOR THE MULES WAS ACKNOWLEDGED BY THE GOVERNMENT TO THE LATE SENATOR CLARK AND THAT AS THE DEBT WAS ACKNOWLEDGED IT DOES NOT COME UNDER THE SCOPE OF THE LAW WHICH WIPED OUT CIVIL WAR CLAIMS.

UNDER THE PROVISIONS OF SECTION 236, REVISED STATUTES, 31 U.S.C. 71, ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT ARE FOR SETTLEMENT AND ADJUSTMENT IN THE GENERAL ACCOUNTING OFFICE. A FURTHER PROVISION OF THE LAW PROVIDES THAT SUCH CLAIMS AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE SHALL BE BARRED UNLESS RECEIVED IN THAT OFFICE WITHIN 10 YEARS AFTER SUCH DEBT FIRST ACCRUED.

FURTHER, ALL CLAIMS ARISING FROM THE DESTRUCTION OR LOSS OF PROPERTY AND SUPPLIES DURING THE CIVIL WAR WERE BARRED UNDER THE ACTS OF JUNE 15, 1878, 20 STAT. 566, AND THE ACT OF MARCH 3, 1879, 20 STAT. 650, AFTER MARCH 20, 1879, AND JANUARY 1, 1880, RESPECTIVELY.

THESE BARRING ACTS WOULD AFFECT ANY CLAIM AGAINST THE UNITED STATES, WHETHER ACKNOWLEDGED OR NOT, WHICH IS FILED AFTER THE DATES SPECIFIED. ACCORDINGLY, YOU ARE ADVISED THAT UNDER THE LAW THERE IS NO BASIS IN THE GENERAL ACCOUNTING OFFICE FOR THE RECOGNITION OF THE CLAIM REFERRED TO.